Losing a loved one suddenly is one of the most devastating experiences someone can go through. Not only do you have to cope with the emotional trauma of never seeing your loved one again, but you also have to deal with funeral costs, lost wages, and lost companionship, among others.
For these reasons, wrongful death lawsuits are useful for obtaining compensation for instances in which your loved one lost their life because of someone’s negligence. However, before filing a wrongful death lawsuit, you must understand the essential elements of a wrongful death claim, which falls under the larger umbrella of personal injury litigation.
For example, you should understand who can file a wrongful death claim, the damages you can receive compensation for, and even how long you have to submit a wrongful death injury claim. The following will detail the importance of understanding these aspects before filing your wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit?
Although the deceased may have had various close friends and impacted countless lives, only specific family members can file a wrongful death lawsuit. The order of which family members can file a wrongful death claim descends depending on who’s available and other circumstances.
For example, the surviving spouse or children have the first right to a wrongful death claim out of any other family member. However, if they’re unable to file a wrongful death claim, the surviving parents have the right to a wrongful death lawsuit. Next, the surviving siblings and then the surviving grandparents can file a wrongful death claim.
Naturally, determining who has the right to file a wrongful death lawsuit is complex, and specific rules govern certain wrongful death situations. For instance, if there are no other surviving family members, the deceased’s estate may file a wrongful death lawsuit.
Many more rules apply to wrongful death claims, and wrongful death attorney can clarify many of the complicated regulations of wrongful death claims.
Damages in Wrongful Death Claims
There are a variety of damages in wrongful death claims. From economical to non-economical, you can receive compensation for various damages resulting from unjustly losing your loved one. Understanding the different types of losses will increase your options and allow you to take advantage of your wrongful death claim fully.
For example, you can obtain compensation for medical bills, funeral costs, lost wages, and more related to the loss of your loved one. Remember, the economic damages in a wrongful death case have the potential to ruin the financial stability of the deceased surviving family.
You’re also able to obtain compensation for the emotional trauma of losing your loved one, for example. Although financial compensation won’t heal your emotional trauma, it’ll help you financially rebuild your family.
Statute of Limitations for Wrongful Death Claims
You have exactly one year after your loved one’s death to file your wrongful death claim. Failing to file your claim within the statute of limitations will usually result in you voiding your chance of having a successful wrongful death lawsuit.
For this reason, you must begin the process of filing your wrongful death claim early to avoid any unnecessary legal conflicts.
Speak to a Wrongful Death Attorney
The Spencer Calahan Injury Lawyers will help you file a wrongful death lawsuit. Our attorneys understand how stressful this can be, and we’re here to ease the burdens of filing a wrongful death claim. Call 225-387-2323 to speak with one of our wrongful death lawyers. You can also fill out the online contact form at the bottom of this page.
